help needed with employment laws

[wetdog]

More than likely, so the two actions you can take are:

1) Complain to the union
2) Put in a grieveance

1) union know and are looking into it
2) my line manager is now making enquries, then i will make it official when i see him tomorrow

[Bulld0g]

Yes i would have said the same as Mas, put in grievance and follow the procedure.

[johnboy1974]

You are perfectly entitled to put in a grievance and ask why you didnt have the opportunity to apply. If the answer is unacceptable, you can take it to the next level, even all the way to tribunal if you so wish

Whats this about tribunal are you mad- Yes put in a grievance and it may stop it happening again but bottom line is they didnt follow their normal recruiting procedure. Mick would only have a tribunal complaint if he had been sacked due to this. If tribunals accepted this type of complaint then we would all be waiting 10 years plus to get a case to be heard as they would be snowed under.

[wetdog]

i'm not expecting to gain much from it, probably dome more harm than good.
what i am after is the process being stopped and those involved in this case being made known and hopefully preventing it from occuring again.

not expecting any kind of tribunal thing though.

mick.

[masur123]

If you couldnt take it to a tribunal, what would the point of any company advertising any job. They would just put people in jobs regardless.
Basically, its a form of indirect discrimination if they can not justify as to why the job was not advertised and given to someone else without the opportunity to apply.

A tribunal will look at a case if they feel people have been treated unfairly. Now of course this is the extreme, and generally complaints are dealt with before they reach this point, I didnt suggest that WD goes straight for the jugular, but if he isnt going to accept any old excuse then the last port of call is the tribunal.

Sent from my padded cage while under section 18

[johnboy1974]

If you couldnt take it to a tribunal, what would the point of any company advertising any job. They would just put people in jobs regardless.
Basically, its a form of indirect discrimination if they can not justify as to why the job was not advertised and given to someone else without the opportunity to apply.

A tribunal will look at a case if they feel people have been treated unfairly. Now of course this is the extreme, and generally complaints are dealt with before they reach this point, I didnt suggest that WD goes straight for the jugular, but if he isnt going to accept any old excuse then the last port of call is the tribunal.

Sent from my padded cage while under section 18

Tribunal would only look at this if there was a dismissal or someone left then claimed constructive dismissal due to discrimination on the companys part. He cant go there with a claim on what has happened at his work, thats all im saying.


Mick lodge a grievance and ask your union rep to accompany you. Your grievance is about the fact the company did not comply with their own recruiting procedures.

[masur123]

I think you will find that tribunals look at all industrial disputes that can not be resolved in house, and not just dismissals.

[patkins]

Mick, I don't know the full story behind this other than what you have stated but you can bet your last penny that the company will have already covered their back on this one....can be anything from-new guy great time keeper-new guy has visions for the future of our company and other such bull.
Unless I actually wanted the post myself I would let it go as I would only make myself angry fighting a stone wall...and in my day I was as active a trade unionist as you will find.

[johnboy1974]

I think you will find that tribunals look at all industrial disputes that can not be resolved in house, and not just dismissals.

I was taking about micks situation only and yes they do deal with other industrial disputes. Theres also acas who provide a consolodation service and try to stop it going to tribunal.

I remeber a few years back after 5 years clean service i got a straight final written warning for refusing to do some overtime, this despite doing hundreds of hours overtime that same year. I launched a grievance and then an appeal but the company refused to remove their written warning. I spoke to acas who in turn spoke to the company and acas agreed that the company acted unreasonably and advised the company to remove the warning but they didnt. Acas told me there was nothing further i could do as a tribunal would not accept the claim as they had not sacked me. I ended up leaving the company on the principal of the matter.

[wetdog]

Mick, I don't know the full story behind this other than what you have stated but you can bet your last penny that the company will have already covered their back on this one....can be anything from-new guy great time keeper-new guy has visions for the future of our company and other such bull.
Unless I actually wanted the post myself I would let it go as I would only make myself angry fighting a stone wall...and in my day I was as active a trade unionist as you will find.

i did want the position myself.

mick.

[patkins]

It's a hard one to call Mick.
They've done this blatantly so they have something up their sleeve.
You'll have to look for an edge, something to snag them on...maybe something about the new guy.